Tod v. Gallagher
Supreme Court of Pennsylvania
in error. Writ of error to the Court of Common Pleas of Mifflin county, in a suit brought by Thomas Tod, administrator of Thomas Beale, against Robert C. Gallagher, in which a verdict and judgment was rendered in favour of the defendant.
Read the full summary
in error. Writ of error to the Court of Common Pleas of Mifflin county, in a suit brought by Thomas Tod, administrator of Thomas Beale, against Robert C. Gallagher, in which a verdict and judgment was rendered in favour of the defendant. It was an action of debt on two notes, of one hundred dollars each, given by Gallagher to Thomas Beale, in his lifetime, dated each, 30th of June, 1821, one payable on the 1st of April, 1822, and the other on the 1st of April, 1823. Plea, payment with leave, &c. The defendant proved, that the notes were given in part payment, for a house and lot in Mifflin…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
Seldom has a cause been brought before a court more defectively; the judge takes no notice of the facts: viz. that notes had been given, or that a deed had been given; but says that Gallagher was not bound to gives his notes. Neither the article nor the deed are before this court; nor are they in possession of the counsel. What covenants are in the one or the other, is unknown, except in the vague statement above given. It happen^ much too often, that causes are brought before us so defectively, that our decision must be unsatisfactory to a…
2Cases cited1 opinion
- Poke v. KellySupreme Court of Pennsylvania · 1825